Kloof Conservancy V Government of the Republic of South Africa and 7 others
On 22 October 2014 in the High Court of South Africa KwaZulu-Natal, Local Division, Durban granted an order against the Government of the Republic of South Africa, the Minister of Water and Environmental Affairs (Minister) and 6 others.
The court made the following order:
(i) Minister’s failure to publish the regulations and invasive species list by 31 August 2006, is declared unlawful and unconstitutional:
(ii) The Government, the Minister and the MEC for Agriculture, Environmental Affairs and Rural Development in KZN, must take all steps necessary, and as are within their authority under law, to ensure that all organs of state in every sphere of Government comply with their duties under section 76(2) and (4) of NEMBA within six months from the date of this Order and comply with and implement properly and fully their invasive monitoring, control and eradication plans under section 76 of NEMBA;
(iii) The Minister is directed to appoint and mandate, within six months of date of this Order, sufficient numbers of EMIs in relation to Invasive Alien Species in the province of KwaZulu-Natal to ensure compliance with the Government’s duties in relation to IAS under section 24 of the Constitution and chapter 5 of NEMBA;
(iv) The Government, the Minister, the Provincial Government of KZN and the MEC for Agriculture, Environmental Affairs and Rural Development in KZN are ordered to pay the costs of the main application on the scale as between attorney and own client, including costs occasioned by employment of two counsel;
(v) Minister is ordered to pay the cost of the review application, such costs to include costs occasioned by employment of two counsel;
Following on that judgment, the Department briefed counsel and they have been instructed to prepare an application for leave to appeal against orders (ii) and (iii) in the judgment, as the Minister contends that those two orders were not justified. We anticipate that the application for leave to appeal will be served and filed shortly.
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